Clause: 1 - Period: "That the licensors hereby grants to the licensee here in a revocable leave and license, to occupy the licensed premises, described in Schedule I hereunder written without creating any tenancy rights or any other rights, title and interest in favour of the licensee for a period of 11 months commencing from 15/04/2019 to 14/03/2020." Clause: 10 - Cancellation: That, subject to the condition of lock-in-period (if any), if the licensee commits default in regular and punctual payments of monthly compensation as herein before mentioned or commit/s breach of any of the terms, covenants and conditions of this agreement or if any legislation prohibiting the leave and license is imposed, the licensors shall be entitled to revoke and / or cancel the license hereby granted, by giving notice in writing of one month and the licensee too will have the right to vacate the said premises by giving a notice in writing of one month to the licensors as mentioned earlier." Query - I am a licensee in above case. There is no lock-in-period clause in the agreement. In August 2019, licensor has given notice to licensee of 1 month to vacate the premises on the ground of licensor's personal reasons. Licensee has neither committed any default in payment of compensation nor any damage is caused to the property of the licensee. In such a scenario notice given by licensor to terminate the license holds valid? What relief available to licensee in this case? Agreement is a registered agreement and stamp duty fees is paid
The licensor can issue notice for vacating the premises on personal grounds if he himself want to use the premises for personal use.
If you don't want to vacate in one month you send a reply to licensor for taking more time of notice before vacating the premises. You can take time on ground of finding new premises for your use.
licensor can terminate leave and licence agreement only if you fail to pay rentals or commit breach of terms of agreement
2) there is no clause that licensor can terminate agreement for personal reasons
3) refuse to vacate
4) let licensor file suit for eviction
If there is no lock in period and it is not mentioned that without fault also he can revoke the agreement by giving notice then you do have certain right on the property but again legally it will be a weak case since the notice has been sent citing personal use.
If, you are able to show that you have invested certain amount on infra then you may reclaim the same from him.
Regards
See in case as per the clause the agreement cannot be terminated by one month notice.
You can reply to notice stating same and can content that you are regularly paying rent and there is no breach.
If licensor wants to vacate you he can vacate you after giving notice. He doesn't require any valid ground for the same. As he is the onwner of the property. If you oppose the same you will be stuck in baseless legal proceedings. If you need more time you can claim for the same
You can refuse to vacate the premises, let him approach court, you will get enough time. Since it is a revocable leave and license agreement, hence can be cancel by giving notice but you can deny. Court proceeding takes times, till more than 11 months will get over.
1. Clause 10, is adverse for termination by Licensor, as far as the conditions are concerned. However the Licensee is not barred with said conditions to terminate. This means clause 10 is faulty and licensor can terminate only on fulfilling the conditions mentioned therein.
2. Legally licensee can refuse to honor the eviction notice, PROVIDED he is complying with the said conditions.
A licensor cannot ask the licensee to vacate premises if there is no lockin period clause mention in agreement. you can refuse to vacate..
Since the L&L agreement is by a registered document, you need not be worried about the notice issued by the licencor.
Yo issue a reply notice refusing to vacate the premises before the expiration of the registered L&L agreement.
He cannot invoke the cancellation clause on his own arbitrarily without any valid reason.
The cancellation clause is very clear about the reasons mentioned therein, hence you can very well ask him to go ahead or you may file an injunction suit against the licencor restraining him from forcibly evicting you from the licensed premises other than by due process of law, this will ensure a safe journey to you in the premises till the expiration of the licence period.
